Failure to acquire land within three years from the publication of a detailed development plan results in automatic release from reservation under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

ORDER :

The petitioner has filed this petition seeking direction to the third respondent to declare that the petitioner's land comprised in S.F.No.223/2, Kandakamuthur Village, Coimbatore Taluk, Coimbatore District measuring 2.35 acres is deemed to be released from the reservation of Section 38 of Tamil Nadu Town and Country Planning Act, 1971 and consequently direct the third respondent to pass appropriate orders for release of petitioner's land comprised in S.F.No.223/2, Kandakamuthur Village, Coimbatore Taluk, Coimbatore District measuring 2.35 acres.

2. The case of the petitioner is that she is the absolute owner of the property situated at S.F.No.233/2, Kandakamuthur Village, Coimbatore Taluk, Coimbatore District measuring 2.35 acres and approached the respondents 2 & 3 for planning approval for forming a layout for area measuring 0.76.78 hectares or 1.896 acres in the above referred survey number. It is relevant to state that Public Park is alleged to be planned in the said area and the said public park runs across the petitioner's land as per the DD Plan of the year 2004. Till date, no acquisition had taken place and the petitioner is in absolute possession of the same, therefore the petitioner is requesting for deletion of scheme road as per Section 38 of the Town and Country Planning Act, 1971. Hence, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner would submit that the said plan prepared in the year 1995, it was stated that the said land would be acquired by the respondents as provided under the provision of Chapter IV of Town and Country Planning Act, 1971 (herein after referred to as Act). However, the Government had not taken any steps to acquire the land. It is also informed to the petitioner that the proposal to form the road has not been given effect to or implemented. It was also informed that under Section 28 of the Act, the Town Planning authority should have obtained approval from the Government within three years from the date of the publication of the scheme but, they have not done so. Therefore, the Government after having prepared the master plan for Coimbatore Local Planning area and issued the same in the Gazette notification in G.O.Ms.No.661, Housing and Urban Development (UDIV) Department, dated 12.10.1994 has not done anything.

4. Learned counsel for the petitioner would submit that though such a notification was issued under Section 30 of the Act, no follow-up action of acquisition has been taken. Therefore, the petitioner had made representation several times to the respondents to release the lands belonging to her as the same is not acquired and no more public purpose is involved under the deemed proviso viz., under Section 38 of the Act, land would be deemed to be released from reservation, allotment or designation.

5. Learned counsel for the petitioner would then place reliance on the similar orders passed by this Court, which are as follows:

a) In the case of A. Kondasamy Vs. The Director of Town & Country Planning, Office of the Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, E & C Market Road, Koyambedu, Chennai - 600 107 and others in W.P.No.25243 of 2021 dated 29.11.2024.

b) In the case Alagirisamy Vs. The Director of Town & Country Planning, 807, Anna Salai, Chennai, Chennai District and others in W.P.No.27672 of 2022 dated 12.12.2022.

c) In the case of M/s.C.Vasanthadevi and another Vs. The Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 015 and others in W.P.No.29069 of 2022 dated 12.12.2022.

d) In the case of V.Vijayalakshmi Vs. The Managing Director, Office of Director Municipality, Chepauk, Near Anna Square, Chennai - 600 005 and others in W.P.No.29297 of 2022 dated 12.12.2022.

e) In the case of S.Ponnusamy and others Vs. The Director of Town & Country Planning, Office of Directorate of Town & Country Planning, Second, Third and Fourth Floors, E & C Market Road, Koyambedu, Chennai - 600